E102 Understanding Educational Rights: Custody Orders, Caregivers, and Special Education

Who has the authority to make educational decisions for a student? In this episode, host Michelle Cannon is joined by Lozano Smith attorneys Amanda Cordova and Anna Wood to discuss the legal framework surrounding educational rights, including special education considerations. The conversation explores custody arrangements, caregiver authority, AB 495, and when students hold their own educational rights. Join us as we explore practical guidance for navigating custody orders and other common educational rights issues faced by school districts.

Show Notes & References

• 2:30 – Overview of educational rights
• 4:05 – Educational rights unique to parents of students who qualify for special education
• 5:45 – Parents and others who qualify as educational rights holders
• 7:23 – Custody arrangements for divorced, separated or unmarried parents
• 9:53 – Disagreements between parents with joint legal custody and how school districts should respond
• 11:32 – The importance of asking for custody orders
• 12:03 – Rights of parents who do not hold custodial rights
• 13:25 – What school administrators should be looking for when they receive a custody order
• 16:30 – Stepparents and caregivers, and assigning educational rights
• 18:23 – Assembly Bill (AB) 495 and caregiver’s affidavit (Client News Brief 46 – November 2025)
• 19:12 – Adult students holding their own educational rights

 

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast

 

Disclaimer: As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this podcast episode does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.